STEWART v. NEBRASKA DEPT. OF REVENUE

No. S-15-700.

885 N.W.2d 723 (2016)

294 Neb. 1010

Brenton R. STEWART and Mary M. Stewart, appellants, v. NEBRASKA DEPARTMENT OF REVENUE, an agency of the State of Nebraska, and Leonard J. Sloup, in his official capacity as Acting Tax Commissioner, appellees.

Supreme Court of Nebraska.

Filed October 14, 2016.


Attorney(s) appearing for the Case

Tracy A. Oldemeyer and Andre R. Barry , Lincoln, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., for appellants.

Douglas J. Peterson , Attorney General, and L. Jay Bartel , Lincoln, for appellees.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Kelch, and Funke, JJ.


INTRODUCTION

Two taxpayers sold their capital stock of a corporation and, in order to qualify for a special capital gains election,1 structured the transaction to comply with the literal terms of a definitional statute.2 The...

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